12VAC30-40-220. Income eligibility levels.
A. 1. Groups I, II, and III income limits are set forth in this subdivision 1.
| Group I | ||
| Size of assistance unit | Monthly | Yearly |
| 1 | $239 | $2,868 |
| 2 | 364 | 4,368 |
| 3 | 464 | 5,568 |
| 4 | 563 | 6,756 |
| 5 | 663 | 7,956 |
| 6 | 748 | 8,976 |
| 7 | 844 | 10,128 |
| 8 | 945 | 11,340 |
| Each additional person | 98 | 1,176 |
| Group II | ||
| Size of assistance unit | Monthly | Yearly |
| 1 | $313 | $3,756 |
| 2 | 449 | 5,388 |
| 3 | 565 | 6,780 |
| 4 | 675 | 8,100 |
| 5 | 794 | 9,528 |
| 6 | 895 | 10,740 |
| 7 | 1,002 | 12,024 |
| 8 | 1,119 | 13,428 |
| Each additional person | 111 | 1,332 |
| Group III | ||
| Size of assistance unit | Monthly | Yearly |
| 1 | $472 | 5,664 |
| 2 | 633 | 7,596 |
| 3 | 774 | 9,288 |
| 4 | 909 | 10,908 |
| 5 | 1,074 | 12,888 |
| 6 | 1,195 | 14,340 |
| 7 | 1,330 | 15,960 |
| 8 | 1,471 | 17,652 |
| Each additional person | 135 | 1,620 |
2. Pregnant women and infants under § 1902(a)(10)(i)(IV) of the Act. Effective January 1, 2014, based on 143% of the official federal income poverty level.
3. Children under § 1902(a)(10)(i)(VI) of the Act (children who have attained age one year but have not attained age six years), the income eligibility level is 143% of the federal poverty level (as revised annually in the Federal Register) for the size family involved.
4. For children under § 1902(a)(10)(i)(VII) of the Act (children who were born after September 30, 1983, and have attained age six years but have not attained age years), the income eligibility level is 143% of the federal poverty level (as revised annually in the Federal Register) for the size family involved.
B. Treatment of cost of living adjustment (COLA) for groups with income related to federal poverty level.
1. If an individual receives a Title II benefit, any amount attributable to the most recent increase in the monthly insurance benefit as a result of a Title II COLA is not counted as income during a "transition period" beginning with January, when the Title II benefit for December is received, and ending with the last day of the month following the month of publication of the revised annual federal poverty level.
2. For individuals with Title II income, the revised poverty levels are not effective until the first day of the month following the end of the transition period.
3. For individuals not receiving Title II income, the revised poverty levels are effective no later than the beginning of the month following the date of publication.
C. Qualified Medicare beneficiaries with incomes related to federal poverty level. The levels for determining income eligibility for groups of qualified Medicare beneficiaries under the provisions of § 1905(p)(2)(A) of the Act are as follows:
Section 1902(f) states, which as of January 1, 1987, used income standards more restrictive than SSI, Virginia did not apply a more restrictive income standard as of January 1, 1987.
Based on the following percentage of the official federal income poverty level:
Effective January 1, 1989: 85%
Effective January 1, 1990: 90% (no more than 100)
Effective January 1, 1991: 100% (no more than 100)
Effective January 1, 1992: 100%
D. Aged and disabled individuals described in § 1902(m)(1) of the Act; Level for determining income eligibility for aged and disabled persons described in § 1902(m)(1) of the Act is 80% of the official federal income poverty level (as revised annually in the Federal Register) for the size family involved.
E. Income levels - for medically needy. (Increased annually the increase in the Consumer Price Index but no higher than the level permitted to claim federal financial participation.
1. The following income levels are applicable to all groups, urban and rural.
2. The agency has methods for excluding from its claim for federal financial participation payments made on behalf of individuals whose income exceeds these limits.
| (1) | (2) | (3) | ||
| Family Size | Net income level protected for maintenance for 12 months | Amount by which Column 2 exceeds limits specified in 42 CFR 435.10071 | ||
|
| Group I | Group II | Group III |
|
| 1 | $2,691.00 | $3,105.00 | $4,036.50 | $0 |
| 2 | $3,519.00 | $3,824.00 | $4,867.00 | $0 |
| 3 | $4,036.50 | $4,450.50 | $5,485.50 | $0 |
| 4 | $4,554.00 | $4,968.00 | $6,003.00 | $0 |
| 5 | $5,071.50 | $5,485.50 | $6,520.50 | $0 |
| 6 | $5,589.00 | $6,003.00 | $7,038.00 | $0 |
| 7 | $6,106.50 | $6,520.50 | $7,555.50 | $0 |
| 8 | $6,727.50 | $7,141.50 | $8,073.00 | $0 |
| 9 | $7,348.50 | $7,762.50 | $8,797.50 | $0 |
| 10 | $8,073.00 | $8,487.00 | $9,418.50 | $0 |
| For each additional person, add: | $695.52 | $695.52 | $695.52 | $0 |
1As authorized in § 4718 of OBRA '90.
GROUPING OF LOCALITIES | |
GROUP I: Counties | |
Accomack | King and Queen |
Alleghany | King William |
Amelia | Lancaster |
Amherst | Lee |
Appomattox | Louisa |
Bath | Lunenburg |
Bedford | Madison |
Bland | Matthews |
Botetourt | Mecklenburg |
Brunswick | Middlesex |
Buchanan | Nelson |
Buckingham | New Kent |
Campbell | Northampton |
Caroline | Northumberland |
Carroll | Nottoway |
Charles City | Orange |
Charlotte | Page |
Clarke | Patrick |
Craig | Pittsylvania |
Culpeper | Powhatan |
Cumberland | Prince Edward |
Dickenson | Prince George |
Dinwiddie | Pulaski |
Essex | Rappahannock |
Fauquier | Richmond |
Floyd | Rockbridge |
Fluvanna | Russell |
Franklin | Scott |
Frederick | Shenandoah |
Giles | Smyth |
Gloucester | Southampton |
Goochland | Spotsylvania |
Grayson | Stafford |
Greene | Surry |
Greensville | Sussex |
Halifax | Tazewell |
Hanover | Washington |
Henry | Westmoreland |
Highland | Wise |
Isle of Wight | Wythe |
James City | York |
King George |
|
GROUP I: Cities | |
Bristol | Franklin |
Buena Vista | Galax |
Danville | Norton |
Emporia | Suffolk |
GROUP II: Counties | |
Albemarle | Loudoun |
Augusta | Roanoke |
Chesterfield | Rockingham |
Henrico | Warren |
GROUP II: Cities | |
Chesapeake | Petersburg |
Covington | Portsmouth |
Harrisonburg | Radford |
Hopewell | Richmond |
Lexington | Roanoke |
Lynchburg | Staunton |
Martinsville | Virginia Beach |
Newport News | Williamsburg |
Norfolk | Winchester |
GROUP III: Counties |
|
Arlington | Montgomery |
Fairfax | Prince William |
GROUP III: Cities |
|
Alexandria | Fredericksburg |
Charlottesville | Hampton |
Colonial Heights | Manassas |
Fairfax | Manassas Park |
Falls Church | Waynesboro |
Statutory Authority
§ 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.
Historical Notes
Derived from VR460-03-2.6101:1, eff. June 30, 1994; amended, Virginia Register Volume 11, Issue 10, eff. March 9, 1995; Volume 11, Issue 24, eff. October 1, 1995; Volume 17, Issue 18, eff. July 1, 2001; Errata, 17:21 VA.R. 3124 July 2, 2001; amended, Virginia Register Volume 18, Issue 7, eff. January 16, 2002; Volume 18, Issue 18, eff. July 1, 2002; Volume 33, Issue 21, eff. July 27, 2017.